Mohit Kalyani v. Police Inspector, Officer In Charge Of Calangute Police Station, Calangute
2021-12-23
MANISH PITALE
body2021
DigiLaw.ai
JUDGMENT Manish Pitale, J. - The applicant in this application is seeking bail in connection with Crime no. 42 of 2021 registered at Calangute Police Station for offences under Sections 376, 109 and 506 read with Section 34 of the Indian Penal Code (IPC). 2. The applicant is one of the accused persons and the role attributed to him appears to be that he allegedly prevented the victim from approaching the Police or raising grievance against the main accused as regards sexual assault allegedly suffered by her. 3. On 02.12.2021, this application was adjourned taking note of the fact that bail applications of co-accused persons have been dismissed by this Court, inter alia, on the ground that the evidence of the victim girl was yet to be recorded. On this basis, this application was adjourned to today i.e. 23.12.2021, as the case before the Sessions Court was listed on 21.12.2021. 4. When the application is called out for hearing, the learned Counsel appearing for the applicant has produced certified copy of an affidavit tendered by the victim on 21.12.2021 before the Sessions Court. In the said affidavit, the victim has stated that she does not wish to proceed further with the complaint and her grievance for the reasons stated in the said statement on affidavit. Copy of the statement on affidavit is taken on record. 5. Considering the contents of the said affidavit and also the material on record, which indicates that the actual act of sexual assault was not attributed to the applicant herein, this Court is inclined to allow the present application. 6. It is made clear that accused no.1 will not be entitled to relief on the ground of parity with the applicant before this Court. 7. In view of the above, the application is allowed in the following terms : (a) The applicant shall be released on bail in connection with Crime No. 42/2021, registered at the Calangute Police Station, North Goa, on furnishing PR bond of Rs.25,000/- with one surety in the like amount to the satisfaction of the Registrar (Judicial) of this Court. (b) The applicant shall co-operate with the proceedings before the Trial Court and shall attend the proceedings either himself or through an authorised person. (c) The applicant shall not himself or through any other person act in any manner that would tamper with the evidence or influence the witnesses.
(b) The applicant shall co-operate with the proceedings before the Trial Court and shall attend the proceedings either himself or through an authorised person. (c) The applicant shall not himself or through any other person act in any manner that would tamper with the evidence or influence the witnesses. (d) The applicant shall give his contact/mobile number and address before the Trial Court within a period of one week from his release. 8. Needless to say that violation of any of the aforesaid conditions will lead to the applicant being liable for cancellation of bail. 9. The observations made in this order are prima facie in nature and the Trial Court shall proceed with the matter without being influenced by such observations. 10. Parties to act on the basis of an authenticated copy of this order.